The Education Act 2002 stated that teachers without QTS could not teach in England unless they fell within one of the limited exceptions. One of these was "trainee teachers who have yet to pass their skills tests". Since May 2001, trainee teachers who would have gained QTS, but for the fact they had not passed all the skills tests by the end of training, have been allowed to teach for up to five years (the five year grace period).
During this period, these individuals can only be employed as unqualified teachers; they were not newly qualified teachers (NQTs) and couldn’t begin induction. On 1 September 2007, the regulations changed to remove the five year grace period. The Department for Children, Schools and Families has provided guidance on the amended regulations
What the change means
To continue to teach after 31 August 2008, any teacher who has not passed the tests must pass the tests and be awarded QTS.
If you do not pass your tests by the deadline and have completed an induction period, you cannot teach in maintained schools or non-maintained special schools. Your employer must secure termination of your employment 'as soon as practicable'. There can be no extensions or exceptions to the deadline.
You can continue to take the tests and, if you pass, you will be eligible for recommendation for the award of QTS, to teach, and to begin your induction.
The changes may have slightly different implications depending on when you began your final year of training. Find out how the changes affect you
Employment
If you do not pass the skills tests by the deadline, you cannot take unqualified or qualified teacher employment but can work as an instructor or in a support staff capacity. This includes work as a teaching assistant or higher level teaching assistant.
You should be aware that trainees with instructor status cannot begin their NQT year and will not benefit from the same responsibilities and rights as a qualified teacher. This includes access to teachers’ pay and performance management arrangements; instructors are usually paid on the unqualified teachers’ pay scale.
Your school cannot automatically reclassify teachers as instructors. An instructor can only be appointed:
- to give instruction in any art, skill or subject where special qualifications or experience, or both, are required, and
- where no suitably qualified teacher, graduate teacher, registered teacher or teacher on the employment based teacher training scheme is available.
As an instructor, you can undertake work specified in the regulations to assist or support a qualified teacher or nominated teacher and you will work under the direction and supervision of qualified teachers. Your headteacher must be satisfied that you have the skills, expertise and experience to undertake work specified in the regulations.
What happens if teachers do not pass their skills tests?
Teachers who have not passed their skills tests were contacted by the General Teaching Council for England (GTCE) and advised to confirm their details by 31 January 2008. If you have been contacted, but believe you have passed the skills tests, you should contact the Teachers’ Qualification Team at the GTCE.
If you did not respond to the GTCE by the deadline, or haven’t passed the skills tests, the GTCE will write to your headteacher and local authority informing them that you cannot continue to work as a teacher after 31 August 2008 − unless you pass your outstanding skills tests. You should talk to your school and employer to determine when they will take action.
If you have lost your registration number and the print-outs that prove you passed the tests, contact the skills tests helpdesk on 0845 450 8867. You should also contact the helpdesk if you have not passed any tests and no longer have your registration number.
